Bylaws suggest Woodward lacked authority to fire Brian Kelly

By Matt Moscona and Hunt Palmer

LSU claims former Athletic Director Scott Woodward acted without approval from the LSU Board of Supervisors in his handling of Brian Kelly’s final days at LSU.

In a lawsuit filed against the LSU Board of Supervisors on Monday by Kelly’s lawyers, LSU informed the coach that Woodward did not have the authority to fire him.

Kelly’s representatives also disclosed in the lawsuit that LSU believed “grounds for termination for cause existed.”

Kelly is now suing LSU for $54 million, the full amount of his buyout.

As athletic director, Woodward’s scope of work included hiring and firing coaches. If that coach earns $250,000 or more, which Kelly did, Board approval is required for termination according to LSU Board of Supervisors Bylaws Section 1, Article VII, Subsection L.

• 3. Appointments and all other personnel actions relating to varsity athletics coaches and Athletic Directors receiving a salary of $250,000 or above.

According to LSU, Woodward did not have that approval on October 26 when he informed Kelly that he was being terminated. Four days later, Woodward and LSU parted ways.

Kelly’s representation and LSU entered buyout negotiations in the hours that followed Woodward’s initial decision.  According to the lawsuit, LSU offered Kelly a lump sum payment of $25 million and later upped the offer to two payments totaling $30 million. Kelly rejected both but indicated in an email obtained by WAFB that he was “open to your desire to reach a settlement of what’s owed to me under the contract, although of course it would have to make sense financially.”

LouisianaSports.net has learned that Kelly’s representatives countered LSU with a $43 million offer which LSU rejected.

Should Kelly win, the eight-figure judgement would fall on the State of Louisiana. It is unclear who would be responsible for the payment. Multiple sources suggested the funds could be subject to appropriation by the state legislature. That process would require a state representative to include the $54 million in a bill to be passed by the House and Senate. From there, Governor Jeff Landry, who has line-item veto power, would have to sign the bill before Kelly collected the money.

A separate source indicated the funds could come from LSU’s budget through the Board of Regents.

In an October 31 press conference, LSU Board member John Carmouche stated, “Let me make it clear. The state has never, and the taxpayers have never paid for a coach and never will.”

The burden would likely fall on private donor funds.